`
`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`AMERANTH, INC.
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`Plaintiff,
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`v.
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`OLO INC.
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`Defendant.
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`)
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`) Civil Action No. 1:20-cv-518-LPS
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`) JURY TRIAL DEMANDED
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`STIPULATION FOR LEAVE TO AMEND COMPLAINT
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`Plaintiff Ameranth, Inc. and Defendant Olo Inc., by and through their counsel of record,
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`hereby stipulate, subject to the approval of the Court, for leave for Plaintiff to amend its complaint
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`to, inter alia, add allegations of infringement of two additional claims of U.S. Patent No. 9,747,651
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`(the "'651 patent") – claims 9 and 10. A copy of the Amended Complaint is attached hereto as
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`Exhibit 1. A black-lined version (comparing the Amended Complaint against the previously-filed
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`Complaint) is attached hereto as Exhibit 2.
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`The parties further stipulate that, subject to the approval of the Court:
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`1.
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`The Amended Complaint shall be deemed filed and served on the date of the Order
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`granting this stipulation.
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`2.
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`Defendant's pending Motion to Dismiss (D.I. 8) and all briefing and argument that
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`has been submitted and will be submitted in connection with that motion shall be deemed to apply
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`to the Amended Complaint.
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`3.
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`Plaintiff is granted leave to file a three-page supplemental letter brief based on the
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`Amended Complaint regarding the asserted claims in opposition to Defendant's Motion to Dismiss
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`(D.I. 8) by 2 pm ET September 28, 2020; and
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`Case 1:20-cv-00518-LPS Document 23 Filed 09/25/20 Page 2 of 3 PageID #: 371
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`4.
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`Defendant is granted leave to file a three-page letter brief based on the Amended
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`Complaint in response to Plaintiff's supplemental letter brief by 2 pm ET September 29, 2020.
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`5.
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`In the event that Defendant's Motion to Dismiss (D.I. 8) is not granted in its entirety,
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`the deadline for Defendant to answer, move, or otherwise respond to the Amended Complaint shall
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`be fourteen (14) days after the date of the Court's order ruling on the motion.
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`STAMOULIS & WEINBLATT LLC
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`/s/ Richard C. Weinblatt
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`Stamatios Stamoulis (#4606)
`Richard C. Weinblatt (#5080)
`800 N. West Street, Third Floor
`Wilmington, DE 19801
`(302) 999-1540
`stamoulis@swdelaw.com
`weinblatt@swdelaw.com
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`Attorneys for Plaintiff Ameranth, Inc
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`/s/ Karen Jacobs
`_____________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
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`Attorneys for Defendant Olo Inc.
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`SO ORDERED this ___ day of _________________, 2020.
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`____________________________________
`UNITED STATES DISTRICT JUDGE
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`2
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`Case 1:20-cv-00518-LPS Document 23 Filed 09/25/20 Page 3 of 3 PageID #: 372
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 25, 2020, I electronically filed the above document(s)
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`with the Clerk of Court using CM/ECF which will send electronic notification of such filing(s) to
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`all registered counsel.
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`/s/ Richard C. Weinblatt
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`Richard C. Weinblatt (#5080)
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`3
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